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AMERICAN DREDGING COMPANY v. GULF OIL CORP.

No. 13070.

282 F.2d 73 (1960)

AMERICAN DREDGING COMPANY, Appellant, v. GULF OIL CORP., Standard Oil Company, Atlantic Pipe Line Company, American Oil Company, Texas Company, Atlantic Refining Co., Pioneer Oil Company and Herman S. Stoffman and Benjamin Stoffman.

United States Court of Appeals Third Circuit.

Decided April 21, 1960.

As Amended on Denial of Rehearing September 13, 1960.

Attorney(s) appearing for the Case

Thomas E. Byrne, Jr., Philadelphia, Pa., (Mark D. Alspach, Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for appellant.

Thomas F. Mount, Philadelphia, Pa. (Rawle & Henderson, Richard W. Palmer, Roy W. Johns, Philadelphia, Pa., on the brief), for appellees, Atlantic Pipe Line Co. and Atlantic Refining Co.

John T. Clary, Thomson F. Edwards, John B. Hannum 3d, Pepper, Hamilton & Scheetz, Philadelphia, Pa., on the brief, for Gulf Oil Corp., appellee.

Pyne, Brush, Smith & Michelsen, New York City, O'Neill & Russell, Philadelphia, Pa., on the brief, for appellee, Texas Co.

Kirlin, Campbell & Keating, New York City, and Cavanaugh & Murphy, Philadelphia, Pa., on the brief, for appellee, Esso Standard Oil Co.

Howard R. Detweiler, Philadelphia, Pa., on the brief, for appellees Pioneer Oil Co. and Herman S. Stoffman and Benjamin Stoffman.

Before McLAUGHLIN, STALEY and FORMAN, Circuit Judges.

PER CURIAM.

While appellant's flotilla of a tug and two scows was proceeding down the Schuylkill River, Pennsylvania, the river surface in the vicinity became ignited. As a result two of libellant's seamen lost their lives, two others were injured and the tug was damaged. In suits based on the deaths, appellant was held responsible. Thereafter it filed this libel against certain landowners along the river in the fire area, alleging their responsibility for the fire...

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